Review Removal FAQ

Yes, there are several approaches to getting fake or defamatory reviews removed from platforms like Yelp, Google, and other review sites, though the process varies by platform and the nature of the review. First, you can report the review to the platform through their flagging or reporting mechanisms. Most platforms have content policies prohibiting fake reviews, reviews from non-customers, and defamatory content. If the review violates platform policies, it may be removed after investigation.

Second, you can respond professionally to the review, which does not remove it but can mitigate its impact and show other customers your perspective. Third, you can contact the reviewer directly if you can identify them to request removal, though this requires caution to avoid claims of intimidation. Fourth, you can pursue legal action by filing a defamation lawsuit and, if successful, obtaining a court order finding the review defamatory. With a court judgment, you can request the platform remove the content.

Fifth, for certain types of content, some platforms have legal removal request processes that allow submission of court orders or other legal documentation supporting removal. Section 230 of the Communications Decency Act immunizes platforms from liability for user content but does not prevent platforms from voluntarily removing content that violates their policies.

Under California law, a review is potentially defamatory if it contains false statements of fact that harm the reputation of the business or individual being reviewed. The key distinction is between actionable false facts and protected opinions. Reviews that state specific false facts can be defamatory. Examples include falsely claiming a restaurant failed a health inspection, stating a contractor stole money or materials when they did not, accusing a professional of committing malpractice based on fabricated events, or claiming a business engages in illegal practices without factual basis.

Reviews expressing opinions are generally protected. Examples include stating that food was "terrible" or service was "slow," expressing that you felt the price was too high for the quality, saying you would not recommend the business based on your experience, or describing subjective dissatisfaction with products or services.

Courts consider the totality of the circumstances to determine whether a reasonable reader would interpret the review as stating objective facts or subjective opinions. The context of review platforms, where readers expect opinions and personal experiences, weighs in favor of treating statements as opinion. However, specific, verifiable factual claims embedded in reviews can be actionable even on opinion-oriented platforms.

Generally, no. Section 230 of the Communications Decency Act provides broad immunity to interactive computer services like Yelp, Google, and other review platforms for content posted by third-party users. Under this federal law, which applies in California, platforms cannot be treated as the publisher or speaker of content created by users. This immunity applies even if the platform knows about the defamatory content and chooses not to remove it.

The rationale is that holding platforms liable for user content would either force them to heavily censor user speech or shut down entirely. California courts have consistently applied Section 230 to dismiss defamation claims against review platforms.

However, there are limited exceptions. Platforms can lose immunity if they contribute to the development or creation of the unlawful content beyond simply hosting it. The immunity does not extend to the person who actually wrote the defamatory review, so you can sue the reviewer directly. While you cannot hold platforms legally liable for user reviews, you can report reviews that violate platform policies, pursue legal action against the reviewer, and use court orders to support removal requests. Some platforms have processes for submitting legal documents supporting content removal.

Reporting a fake or defamatory review to Google involves using Google's review flagging and reporting system. Here is the process for Google Business Profile reviews: First, sign in to your Google Business Profile account and navigate to the reviews section. Find the review you want to report and click the three-dot menu next to it. Select the option to flag as inappropriate or report review. Choose the reason that best describes why the review violates Google's policies, such as spam, fake content, off-topic, or contains hate speech or offensive content. Submit your report and wait for Google's review.

Google will evaluate the flagged review against their content policies, which prohibit fake reviews, spam, off-topic content, illegal content, and content that includes personal information or harassment. The review process typically takes several days to weeks. Google does not guarantee removal, and their decisions are often final.

If you have a court order finding the review defamatory, you can submit a legal removal request through Google's support channels. Documentation of the court order and the specific URL of the review will be required. For more serious issues or if initial reporting does not succeed, consulting with an attorney experienced in online reputation matters can help you understand additional options.

Reporting a defamatory or fake review to Yelp involves using Yelp's content moderation system. Here is how to report a review on Yelp: First, log in to your Yelp for Business account and find the review in question. Click on the flag icon or the option to report the review. Select the reason for your report from the available options, which include the reviewer not describing a genuine experience, the review containing false information, conflicts of interest such as competitors or former employees, harassment or privacy violations, or terms of service violations.

Provide any additional information supporting your report and submit. Yelp's Content Moderators will review your report against their Content Guidelines and Terms of Service. Yelp maintains strict policies about review integrity but also defends the right of consumers to share their experiences. The review process can take considerable time, and Yelp does not guarantee removal.

If you have legal documentation such as a court judgment finding the review defamatory, you can submit a legal removal request through Yelp's Legal Support channels. Business owners should avoid responding emotionally to negative reviews, as this can escalate situations. Professional, factual responses that address concerns without attacking the reviewer are generally more effective for reputation management.

Yes, California courts can issue orders requiring the removal of defamatory content, including reviews, though obtaining such orders involves navigating important legal considerations. If you successfully prove defamation against the reviewer, you can seek injunctive relief ordering the defendant to remove the defamatory statements. Courts have authority to order defendants to take down content they posted. However, orders must be carefully crafted to avoid First Amendment prior restraint issues.

Courts generally cannot issue overly broad orders prohibiting future speech or requiring platforms to remove content when the platform is not a party to the lawsuit. For injunctions against the reviewer, the court can order them to remove specific statements found to be defamatory. If the reviewer fails to comply, they may face contempt of court sanctions.

Once you have a court judgment or order finding specific content defamatory, you can submit that documentation to platforms like Google or Yelp to support removal requests. While platforms are not legally obligated to honor these orders due to Section 230 immunity, many will remove content subject to valid court findings of defamation. The legal process for obtaining a defamation judgment or injunction involves filing suit, overcoming any anti-SLAPP motion, conducting discovery, and succeeding at trial or obtaining summary judgment.

The best strategy for dealing with fake or defamatory reviews in California depends on your specific situation, goals, and resources. A comprehensive approach often combines multiple tactics. First, document everything by taking screenshots with timestamps, preserving URLs, and noting when you discovered the review. This evidence may be important if you pursue legal action. Second, evaluate whether the review is actually defamatory. Does it contain false statements of fact, or is it protected opinion? Consulting with an attorney can help you assess this.

Third, report the review to the platform using their flagging mechanisms. Reviews that violate platform policies, such as fake reviews or reviews by non-customers, may be removed through this process. Fourth, respond professionally to the review. A calm, factual response that addresses concerns without attacking the reviewer can mitigate damage and demonstrate professionalism to other readers. Fifth, consider contacting the reviewer if you can identify them to request removal. This works best when there has been a genuine misunderstanding or the reviewer is open to dialogue.

Sixth, pursue legal action if the review is clearly defamatory, has caused significant harm, and other approaches have not worked. This is typically the most expensive and time-consuming option. Seventh, focus on generating positive reviews from satisfied customers to dilute the impact of negative reviews.

Yes, competitors and former employees can be held liable for posting fake or defamatory reviews in California under several legal theories. If a competitor posts a fake negative review about your business containing false statements of fact, they may be liable for defamation under California Civil Code Section 45. Business owners can recover damages for harm to business reputation, lost customers, and other economic losses caused by the false statements.

Additionally, California Business and Professions Code Section 17200, the Unfair Competition Law, prohibits unfair, unlawful, and fraudulent business practices. Posting fake reviews to harm a competitor could constitute unfair competition, allowing the victim to seek injunctive relief and restitution. The Lanham Act, which is federal law, prohibits false advertising, including false statements about competitors in commercial contexts. Under certain circumstances, fake reviews posted by competitors may violate this law.

For former employees, in addition to defamation claims, there may be claims for breach of confidentiality agreements or other employment-related obligations. Former employees who post fake reviews out of revenge may face liability for the false statements made. Identifying that a competitor or former employee is behind a fake review may require investigation and, potentially, the John Doe lawsuit subpoena process to unmask anonymous reviewers.

Suing over a negative review in California carries several significant risks that should be carefully considered before proceeding. First, California's anti-SLAPP statute may apply because online reviews are often considered speech on matters of public interest. If the defendant files an anti-SLAPP motion and wins, you could be ordered to pay their attorney's fees, which can be substantial.

Second, the Streisand Effect refers to the phenomenon where attempting to suppress information draws more attention to it. Filing a lawsuit over a review may generate media coverage and social media attention that amplifies the very criticism you were trying to address. Third, litigation is expensive. Defamation lawsuits can cost tens of thousands of dollars or more in attorney's fees, court costs, and expert witness fees. You should weigh these costs against the potential recovery and the harm caused by the review.

Fourth, even if you win a judgment, collecting may be difficult if the defendant lacks assets to pay. Fifth, the litigation process takes time, often a year or more, during which the review typically remains visible. Sixth, there is no guarantee of success; the review may be protected opinion, and you could lose the case. Consider these risks carefully and consult with an experienced California defamation attorney to assess whether litigation is the right approach for your situation.

Yes, several alternatives to litigation may be effective for addressing defamatory reviews in California. First, platform reporting is often the first step. Report the review to the platform for policy violations. Reviews that are fake, from non-customers, or contain prohibited content may be removed through the platform's moderation process. Second, direct contact with the reviewer may resolve the issue if you can identify them and the situation involves a genuine misunderstanding or the reviewer is willing to update or remove their review after dialogue.

Third, professional responses can mitigate damage even if the review remains. A calm, professional response that addresses factual inaccuracies without attacking the reviewer demonstrates good customer service to other readers. Fourth, cease and desist letters sent by an attorney can sometimes prompt review removal without litigation. The formal nature of legal correspondence may convince the reviewer to voluntarily remove the content.

Fifth, mediation or arbitration may be options if there is an underlying dispute with a former customer or business relationship. Resolving the underlying issue may lead to voluntary review removal. Sixth, online reputation management services can help build positive content and reviews to push down negative content in search results. This does not remove the review but reduces its visibility and impact. Seventh, for reviews by competitors, filing a complaint with the FTC or state consumer protection agencies about fake reviews may be an option.